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IN RE GREENLEAF APARTMENTS, LTD.

Bankruptcy No. 2-90-03946, Adv. No. 2-92-0382.

158 B.R. 456 (1993)

In re GREENLEAF APARTMENTS, LTD., Debtor. GREENLEAF APARTMENTS, LTD., et al., Plaintiffs, v. Clarence J. SOLTESZ, Receiver, et al., Defendants.

United States Bankruptcy Court, S.D. Ohio E.D.

May 17, 1993.

Attorney(s) appearing for the Case

Douglas S. Roberts, Glen R. Pritchard, Columbus, OH, and Christiane Schmenk, Buckley, King & Bluso, Columbus, OH, for plaintiffs.

Stephen A. Santangelo, Columbus, OH for defendant Clarence J. Soltesz.

Janine M. Marks, Baker & Hostetler, Columbus, OH and Norman S. Jeavons, Thomas L. Anastos, Baker & Hostetler, Cleveland, OH, for defendant Women's Federal Sav. Bank.

Carol Stebbins, Gen. Counsel, Cardinal Realty Services, Inc., Reynoldsburg, OH, Leon Friedberg, Benesch, Friedlander, Coplan & Aronoff, Columbus, OH, for Cardinal Realty Services, Inc.

Charles M. Caldwell, Asst. U.S. Trustee, Columbus, OH, Columbus Office of the U.S. Trustee for Region IX.

OPINION AND ORDER ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

BARBARA J. SELLERS, Bankruptcy Judge.

I. Preliminary Matters

Women's Federal Savings Bank ("Women's Federal") has filed a motion seeking dismissal of this adversary proceeding for failure to state a claim against it. Plaintiffs Greenleaf Apartments, Ltd. and Austin and Donlyn Guirlinger oppose that relief. For the following reasons, Women's Federal's motion to dismiss...

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